79R4417 ESH-D

By:  Van Arsdale                                                  H.B. No. 1305



A BILL TO BE ENTITLED

AN ACT

relating to venue in an action concerning the constitutionality of 
the school finance system and to direct appeal to the supreme court 
of such an action.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 15, Civil Practice and 
Remedies Code, is amended by adding Section 15.021 to read as 
follows:
	Sec. 15.021.  ACTION CONCERNING CONSTITUTIONALITY OF SCHOOL 
FINANCE SYSTEM. Notwithstanding Section 15.014 or other law, an 
action for injunctive relief, mandamus, or a declaratory judgment 
shall be brought in a county with a population of at least one 
million if the action concerns the validity of the state system of 
providing financing for public elementary and secondary schools 
under:
		(1)  Section 1, Article VII, Texas Constitution, or any 
other provision of the Texas Constitution; or
		(2)  any provision of the United States Constitution.                  
	SECTION 2.  Section 22.001, Government Code, is amended by 
adding Subsection (c-1) to read as follows:
	(c-1)  Notwithstanding Subsection (c) or the Texas Rules of 
Appellate Procedure, an appeal from an appealable decision of the 
trial court in an action for injunctive relief, mandamus, or a 
declaratory judgment is a direct appeal to the supreme court if the 
action concerns the validity of the state system of providing 
financing for public elementary and secondary schools under:
		(1)  Section 1, Article VII, Texas Constitution, or any 
other provision of the Texas Constitution; or
		(2)  any provision of the United States Constitution.                  
	SECTION 3.  Section 15.021, Civil Practice and Remedies 
Code, as added by this Act, and Section 22.001(c-1), Government 
Code, as added by this Act, apply only to venue of and appeal from an 
action filed on or after the effective date of this Act. Venue of 
and appeal from an action filed before the effective date of this 
Act are governed by the law in effect on the date the action was 
filed, and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.